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2. In substance, the present petition has been filed by the petitioner seeking protection under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (in short "AMASR Act") of a monument situated in Defence Colony which is called as "Gumti of Shaikh Ali".

3. The petitioner through his counsel Mr. Jayant Tripathi had contended that "Gumti" finds mention in the exhaustive and seminal survey of the monuments of Delhi, carried out in 1920's by Maulvi Zafar Hasan, the then Deputy Superintending Archaeologist, published in 1926 by the ASI as "List of Muhammadan and Hindu Monuments". According to Mr. Tripathi, a perusal of the entry of 1926 regarding the said monument, it was mentioned that the tomb is of the Lodi period. There are two unknown graves, and the monument should be protected. He made a reference to a publication of the Indian National Trust for Art and Cultural Heritage in its book, titled "Delhi: The Built Heritage" in 1999.

4. He has referred to the fact that in the year 2004, the Archaeological Survey of India, Delhi Circle, had identified the "Gumti" as of national importance and had initiated the process of declaring it to be a monument of national importance, worthy of protection under the AMASR Act. According to him, it was only on inspection of the monument and its condition carried out by the officials of the ASI, the ancient monument was found worthy of protection as a monument of national importance.

5. Mr. Tripathi had also referred to the fact that the Defence Colony Residents Association has been using the "Gumti" as its office. He also refers to a Notification issued under Section 4(1) of the AMASR Act by the Department of Cultural / Archeological Survey of India on February 09, 2004. He made a reference to the objections filed by the Residents Association under Section 4(2) of the AMASR Act, objecting to "Gumti" being declared as a monument of national importance.

7. The respondent No.1 has filed the counter affidavit, wherein they have stated that the Central Government is the authority to take final decision with regard to declaring any monument as a national monument or centrally protected monument. So far as Gumti of Sheikh Ali situated in Defence Colony, New Delhi is concerned, the Central Government has already examined the issue and it was decided against notifying the said monument as a protected monument under the AMASR Act, 1958. It is their case that it is not possible to bring the monument under protection of AMASR as the Residents Association had carried out major additions / alterations due to which the "Gumti" has lost its originality.